Orissa High Court
WP(C)/21482/2026 of PRAVAKAR @ PRAVASH KAR MOHAPATRA Vs THE STATE OF ODISHA on 27 August 2026
of 4 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.21482 of 2026(PIL) CNR No.ODHC010458462026 Pravakar @ Pravash Kar Mohapatra …. Petitioner Mr. Sidhartha Das, Advocate -Versus- State of Odisha & Ors. …. Opp. Parties Mr. Saswat Das, AGA CORAM: HON’ BLE THE CHIEF JUSTICE
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.21482 of 2026(PIL)
CNR No.ODHC010458462026
Pravakar @ Pravash Kar
Mohapatra
….
Petitioner
Mr. Sidhartha Das, Advocate
-Versus-
State of Odisha & Ors.
….
Opp. Parties
Mr. Saswat Das, AGA
CORAM:
HON’ BLE THE CHIEF JUSTICE
AND
HON’BLE MR. JUSTICE CHITTARANJAN DASH
Order No.
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ORDER
27.08.2026
01.
1. Without going into the tenability of the reliefs claimed in the instant Writ Petition, as well as the nature of the proceeding initiated before us, we proceed to decide the instant Writ Petition on the basis of the disclosure made by the State in course of the hearing. Before we embark upon our journey on such peripheral issues, it would be profitable to adumbrate the salient facts pleaded in the instant Public Interest Litigation (PIL).
2. The Petitioner has sought relief in the nature of mandamus to direct the District Election Officer to comply with the mandate of the letter dated 02.06.2026, and also to issue a formal order of suspension against the AERO-cum-BDO, Badasahi, District- Mayurbhanj, and also to restrain her from discharging the official work in such capacity.
3. The instant Writ Petition proceeds on the premise that the Opposite Parties are not complying with the direction issued by the Chief Electoral Officer, Bhubaneswar, Opposite Party No.2, vide letter dated 02.06.2026, for suspension of the AERO-cum-BDO, Badasahi, District-Mayurbhanj, because of gross negligence, administrative laches and the disciplinary laches vis-à-vis the ancillary administrative work necessary for the smooth conduct of the Special Intensive Revision (SIR), 2026.
4. It further proceeds that the Block Development Officer was also officiating in the combined charge of AERO-cum-BDO, Badasahi, for 32-Badasahi Assembly Constituency, but because of the dereliction in the discharge of such duty, a detailed report was prepared and documented, recapitulating the lapses and dereliction of the said delinquent.
5. It is averred that because of such misconduct, gross indiscipline, lack of accountability and negligence, suitable steps ought to have been ensured and the said officer, who allegedly corrodes the system, should be dealt with, with an iron hand. Several newspaper reporting have been relied upon, which reflect such failure to discharge the solemn duty attached to the said post. Perceiving the action of the State in not taking prompt and immediate steps, the instant Public Interest Litigation (PIL) has been filed.
6. The learned Additional Government Advocate (AGA) appearing for the Opposite Parties submits, on instructions so received, that the State is alive to the facts and has not left any stone unturned in taking prompt and immediate steps in this regard.
7. It appears from the documents so relied upon that the article of charges and the memorandum have already been issued to the said delinquent on 20.07.2026, and the statement of imputation of the misconduct has also been appended thereto. The aforesaid documents reveal that the steps have been taken as warranted under the OCA (CCA) Rules, 1962, which ordains the mode and mechanism of taking recourse to the alleged perceived misconduct on the part of the Government employee.
8. Admittedly, the delinquent is in Government employment, and the service conditions are governed by the said Rules which engulf within itselves the steps for imposition of penalty for any misconduct in the discharge of the solemn duty. Once the procedure is exhaustively incorporated in the statutory Rules, the authority cannot debar or dispel the applicability thereof and has to travel within the circumference of the said statutory provisions.
9. It appears that the State has taken steps as warranted under the aforesaid Rules, and we expect that the State would bring the said proceeding to its logical end in accordance with law.
10. Since the relief which is claimed has been substantially redressed, we do not think that keeping the instant Public Interest
Litigation (PIL) pending would yield any fruitful purpose. We, therefore, dispose of the same in view of the observations made hereinabove.
(Harish Tandon) Chief Justice
(Chittaranjan Dash) Judge
AK Pradhan/Priyanka Digitally Signed Signed by: PRIYANKA BARIK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 01-Sep-2026 10:51:44 Signature Not Verified